Reliefs: Certain acquisitions by registered social landlords
General overview FA03/S71
Relief is available for a land transaction where the purchaser is a registered social landlord, and one of the following conditions are met
- the registered social landlord is controlled by its tenants.
This means that the majority of the board members are tenants occupying properties owned or managed by the registered social landlord. For this Section a ‘board member’ is regarded to be
* if it is a company, a director of the company * if it is a body corporate whose affairs are managed by its members, one of those members * if it is a body of trustees, one of those trustees * otherwise, a member of the management committee or other body which is entrusted with the management of the registered social landlord
- the vendor is a qualifying body.
Qualifying bodies are
* a registered social landlord * a housing action trust established under Part 3 of the Housing Act 1988 * a principal council within the meaning of the Local Government Act 1972 * the Common Council of the City of London * the Scottish Ministers * a council constituted under Section 2 of the Local Government etc. (Scotland) Act 1994 * Scottish Homes * the Department for Social Development in Northern Ireland * the Northern Ireland Housing Executive
the transaction is funded with the assistance of a public subsidy. The transaction does not have to be fully funded with the subsidy. A public subsidy means any grant or other financial assistance
- made or given by way of a distribution under Section 25 of the National Lottery etc Act 1983
- under Section 18 of the Housing Act 1996 (social housing grants)
- under Section 126 of the Housing Grants, Construction and Regeneration Act 1996 (financial assistance for regeneration and development)
- under section 19 of the Housing and Regeneration Act 2008 (financial assistance by the Homes and Communities Agency)
- under Section 2 of the Housing (Scotland) Act 1988 (general functions of the Scottish Ministers)
- under Article 33 of the housing (Northern Ireland) Order 1992
Relief is equal to the Stamp Duty Land Tax which would otherwise be payable, that is, no Stamp Duty Land Tax is payable if the relief is claimed.